Vishaka vs State of Rajasthan: Case Summary and Download PDF

The Vishaka vs State of Rajasthan AIR 1997 SC 3011 is a landmark case popularly known as ‘Sexual Harassment’ case. The case dealt with the issue of Sexual Harassment of Women at the Workplace. In this case, a foundation for protection against Sexual Harassment of Women at the workplace was set up by the Supreme Court which was not initially provided for in Indian law. The decision of 3-Judge Bench of the Supreme Court in Vishaka vs State of Rajasthan case was an important step toward ensuring gender equality and safeguarding the rights of women in a professional environment. Explore other landmark judgements.

What is Vishaka vs State of Rajasthan? 

The case at hand revolves around Bhanwari Devi fight for justice after being subjected to sexual violence and retaliation for her efforts to prevent child marriage in Rajasthan. The following are the brief facts of the case of Vishaka vs State of Rajasthan case-

Vishaka Case Facts

Bhanwari Devi, a woman hailing from Bhateri, Rajasthan worked as a social worker under the State’s Women Development Project (WDP) in 1985. As a social worker her role involved supporting various community initiatives including efforts to prevent child marriage and address gender-related issues.

Involvement in Child Marriage Prevention Campaign

Bhanwari Devi participated in the campaign organised by the Government in 1992 to prevent child marriage. The villagers resisted the campaign despite the legal prohibition of child marriage. 

Attempted Intervention in Child Marriage and Police Inaction

Ram Karan Gurjar planned to marry off his underage daughter. Social Worker Bhanwari Devi tried to stop the marriage but was unsuccessful. Despite her efforts, the marriage proceeded after police intervention on 5th May, 1992 but authorities did nothing to prevent it the following day.

Ostracism and Retaliation

Due to her involvement in the child marriage issue, Bhanwari Devi and her family were ostracized by the villagers and she was dismissed from her job. On 22nd September, 1992 five men including four members of the Gurjar family sought to take revenge on her.

Police Inaction and Legal Struggles

Bhanwari Devi filed a complaint but the police investigation was delayed and the medical report failed to support her allegations of rape. The Trial Court acquitted all the accused individuals due to lack of evidence and political backing from the local MLA.

Public Interest Litigation and Support from Activists

Aggrieved by the acquittal of the accused individuals, women’s rights organizations and activists rallied to support Bhanwari Devi. The Vishaka organization filed a Public Interest Litigation (PIL) under Article 32 and sought to enforce the fundamental rights of women at the workplace under Article 14, Article 15, Article 19 and Article 21 of the Indian Constitution. The PIL highlighted the need for legal measures to protect women from sexual harassment at work.

Download Vishaka vs State of Rajasthan Judgement

The main issue in Vishaka vs State of Rajasthan case was whether there should be mandatory guidelines to address and prevent sexual harassment of women at the workplace given the absence of specific laws addressing this issue in the Constitution of India at that time?

Legal Provisions Involved in Vishaka vs State of Rajasthan

In Vishaka vs State of Rajasthan case Article 14, Article 15, Article 19(1)(g) and Article 21 of the Constitution of India played a significant role. The following are the analysis of these provisions-

Article 14 of Constitution: Equality before Law

According to Article 14 of the Constitution of India, the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15 of the Constitution: Prohibition of Discrimination

Article 15 of the Constitution provides that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Article 19(1)(g) of Constitution: Right to Practice any Profession

According to Article 19(1)(g) of the Constitution of India, all citizens shall have the right to practice any profession, or to carry on any occupation, trade or business.

Article 21 of Constitution: Protection of Life and Personal Liberty

According to Article 21 of the Constitution of India, no person shall be deprived of his life or personal liberty except according to procedure established by law.

Vishakha Case Judgment and Impact

The 3-Judge Bench of the Supreme Court comprising Justice J.S Verma, Justice Sujata V. Manohar and Justice B.N Kripal on 13th August 1997 in Vishaka vs State of Rajasthan case held that sexual harassment of women at the workplace infringes fundamental rights guaranteed under Article 14, Article 15, Article 19(1)(g) and Article 21 of the Constitution of India. 

The Court in Vishaka vs State of Rajasthan issued the ‘Vishaka Guidelines’ which provided definition of sexual harassment and also laid down necessary procedures for employers to follow in both the public and private sectors. 

The Vishaka guidelines required the foundation of committees to address complaints of sexual harassment of women and ensure a safe working environment for women. The Vishaka Guidelines served as the de facto law on sexual harassment until the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act in 2013. 

Vishaka Case Guidelines

The following guidelines were laid down by the Supreme Court in Vishaka vs State of Rajasthan case -

• Duty of the Employer: Employers or individuals in equivalent positions must prevent incidents of sexual harassment from occurring. If such incidents do happen, organizations are required to have proper mechanisms in place to provide both legal and conciliatory remedies.
• Definition of Sexual Harassment: Sexual harassment includes any unwelcome sexual behavior, whether direct or indirect, such as:

1. Physical contact and advances.
2. Requests or demands for sexual favors.
3. Sexually colored remarks.
4. Displaying pornography.
5. Any other unwelcome conduct, be it physical, verbal, or non-verbal, of a sexual nature.

• Preventive Measures: Preventive Measures: Employers must take preventive actions to deal with sexual harassment.

1. Issuance of clear prohibitions against sexual harassment through notifications or circulars
2. Enforcement of fines for perpetrators
3. Ensure an appropriate workplace conditions regarding hygiene, health and leisure

• Handling Misconduct: The employer is bound to take legal action by reporting the incident to the appropriate authorities if the misconduct constitutes an offence under the Indian Penal Code 1860.
  • Disciplinary Action: The employers must take suitable disciplinary action against the perpetrators in case of violation of service rules.

• Redressal Mechanism: Organizations must lay foundation of a redressal mechanism to handle complaints of sexual harassment, irrespective of whether the act constitutes an offence under the Indian Penal Code (Now Bharatiya Nyaya Sanhita 2023) or other laws.
• Redressal Committee: The redressal mechanism should form a complaint committee with a majority of women members and a female head. The committee should also offer counseling services.
• Awareness and Training: The employers should conduct meetings with employees and take appropriate actions to inform them about the issue and the mechanisms for addressing it in order to raise awareness about sexual harassment.

Vishaka Case Significance

The Vishaka vs State of Rajasthan case holds great significance for several reasons. It marked the first time that sexual harassment at the workplace was officially recognized as a form of discrimination and a violation of women's fundamental rights. By establishing clear legal guidelines, the case provided women with a structured means to challenge and seek justice against such misconduct. These guidelines later served as the foundation for the enactment of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. The primary goal was to ensure a safe, respectful, and harassment-free work environment for women. The Vishaka v State of Rajasthan judgment also emphasized the importance of women's active participation in the workforce for national progress. Additionally, it empowered women to raise their voices against harassment and helped spread awareness, thereby sensitizing society to the seriousness of the issue.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 commonly known as the POSH Act. It was enacted ten years after the Vishaka Guidelines.

• The Act aims to promote gender equality and ensure a safe, respectful working environment across all sectors in India.
• It is based on the principles outlined in the Vishaka v State of Rajasthan Guidelines, which provided the first framework to address workplace sexual harassment.
• The Act gives a comprehensive definition of sexual harassment and outlines clear procedures for filing, investigating, and resolving complaints.
• Every workplace with ten or more employees must establish an Internal Complaints Committee (ICC).
• The ICC functions with powers similar to those of a civil court and is headed by a senior female employee, with two other members and one external representative.
• Establishments with fewer than ten employees fall under the jurisdiction of the Local Complaints Committee (LCC), which also covers unorganized sectors and domestic workers.
• Complaints should be submitted within three months of the incident, although the ICC may allow an extension.
• If the complaint is validated, the ICC can recommend disciplinary action in line with the employer's service rules.
• A provision for mediation is available before conducting a formal investigation.
• The complainant can appeal the ICC’s decision in court within 90 days if unsatisfied.
• The Act strictly prohibits the disclosure of any details about the complainant, respondent, witnesses, or the proceedings.
• It also includes provisions to penalize false complaints and fabricated evidence.

Conclusion

The Vishaka vs State of Rajasthan AIR 1997 SC 3011 is a landmark case in the legal landscape of India providing transparency and safeguard against sexual harassment of women in workplace. The decision of the Supreme Court highlighted the importance of a secure and dignified working environment for women.